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NON-DWELLING LEASE AGREEMENT " ,~ I I JASMINE COURTS NON-DWELLING LEASE AGREEMENT This lease is between the Clearwater Housing Authority, organized and existing under the laws of the State of Florida as "Lessor," and the City of Clearwater as "Lessee." WITNESSETH WHEREAS, Lessor has agreed to lease one (1) rental unit in the Lessor's Jasmine courts community (FLA 75-1 B) for office, administration, and operational purposes necessary for providing services as related to "USE" below #2, in and to the residents of the Jasmine Courts community; NOW THEREFORE, in consideration of the foregoing stated promises and conditions, the parties agree to the following: 1. PREMISES Lessor does hereby lease to Lessee certain premises designated as 2931 Sandlewood Drive, Clearwater, Florida 33759. The leased property is located in the Jasmine Courts community. 2. USE It is understood and agreed between the parties hereto and Lessee covenants that the leased premises during continuance of this Lease shall be used only for the proper administration and operation of providing services to the residents of Pinellas County, Florida, and for no other purpose or purposes, without the written consent of the lessor, which may be granted or withheld in Lessor's sole discretion. Specifically, the Lessee's intended use of this unit is for: Clearwater Police activities. 3. TERM Except as otherwise expressly stated in this Lease, the term of this Lease shall begin on August 1, 1998 and end on July 31, 1999. This is a one (1) year lease with provision for future renewals as agreed upon by Lessor and Lessee. However, upon a thirty (30) day written notice from either party, one to the other, the lease may be terminated. Should such termination take place, Lessee agrees to vacate the unit on or before the effective date of termination of the existing lease. 1 OO-Q qC; -0:1" c/ ') . I I Lease. Lessor shall have the right to maintain and operate all said areas and to police same. Lawn mowing shall be provided by Lessor. Should said rental unit be damaged through Lessee's abuse, Lessee shall reimburse the Lessor for the actual cost of such repair including labor and materials. 9. ASSIGNMENT AND SUBLETTING Lessee may not assign or sublet this Lease in whole or in part, without prior written consent of the Lessor. This unit is leased exclusively to Lessee. 10. RULES OF OCCUPANCY See the attached Exhibit "A" for detailed listing of the Rules of Occupancy. 11. INDEMNIFICATION OF LESSOR Lessee agrees to indemnify, save, and hold the Lessor harmless from any and all claims, suits, judgments, and liability for death, personal injury, bodily injury, or property damage arising out of Lessee's use of the premises by Lessee, its employees, contractors, subcontractors, business invitees, or assigns, including legal fees, court costs, or other legal expenses, provided however, that the Lessee shall not be legally liable for any negligence of the Lessor, its employees, servants, contractors, subcontractors, assigns or the negligence of any other party, and provided further, that the liability of the Lessee shall not, in any event, exceed the statutory limits set forth in Section 768.28, Florida Statutes, nor shall the liability of the City extend to any claim of the Lessor which is covered by Lessor's insurance coverage, except to the extent of the deductibles or other losses suffered. 12. INSURANCE Lessee is a self-insured Florida Municipal Corporation. Lessee will self insure its personal property stored in the leased premises as well as self-insure, with excess insurance coverage as deemed appropriate by Lessee, any third party liability of Lessee arising out of this lease. 13. ENTRY BY LESSOR Lessor shall at any and all reasonable time have the right to enter leased premises to inspect the same without notice. 14. PARKING All parking shall be on a first come, first served basis, unless otherwise authorized by Lessor. 3 I 15. MAILING ADDRESS OF LESSEE I All notices for Lessee shall be forwarded to the following address unless Lessor is otherwise notified: Sgt. Ron Sudler Clearwater Police Department - Phone # 562-4242 X 2478 645 Pierce Street Clearwater, FL 33756 IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease effective as of the dates first above written, each representing to the other that they have full authority to execute the same in the capacity indicated. ~ Signed this2~ day of ~~ 1998. Approved as to form: R61~~ Robert . urette, Assistant City Attorney In the presence of: ~@~ :~~ O~ARWATER. FLORI:A Michael J. Rob.erto).City Manager Attest: C~~ 0.;: ~GOlJdeau: Ci1}iClerk CLEARWATER HOUSING AUTHORITY By: 4 I I EXHIBIT "A" JASMINE COURTS NON-DWELLING RULES OF OCCUPANCY The Clearwater Housing Authority welcomes you to our Jasmine Courts community and hopes that you will find your tenancy pleasant and comfortable. The Rules of Occupancy are necessary and reasonable regulation designed by management for the benefit of all residents. By executing the attached Lease, Lessee acknowledges and accepts the following Rules of Occupancy: 1. Rent is due and payable on the first day of the month and delinquent after the fifth. A late fee of$25.00 will be assessed on the sixth of the month. No cash is accepted by management. Your agency's check or money orders are the only acceptable form of rental payment. Rent checks shall be made payable to The Clearwater Housing Authority. 2. No one including client, employee or visitor shall park their vehicle on or drive on the lawn. 3. Vehicles without current registration and any disabled vehicles shall be towed away at the vehicle owner's expense. 4. Lawns are to be kept in clean and attractive condition without litter. 5. Walkways, patios and lawns shall be free of obstructions. 6. Immediate report of needed repairs should be made to the Maintenance office. Lessee is responsible for payment of repairs resulting from damage done including that caused by their clients, employees and visitors to the property. 7. Dumpsters are available on the property for the sanitary disposal of all garbage and trash. All garbage must be put in plastic bags and tied before being placed in dumpsters. Large items such as beds, sofas, chairs, etc. can be disposed of by (a) placing the item(s) in the dumpster area (Jasmine Courts only), and shall not be placed inside the dumpsters, or (b) calling the management office to arrange for pick up of large items. 8. Lessee may, at their own expense, with prior written approval and instruction from Clearwater Housing Authority management install additional floor covering. 9. No cats or dogs shall be housed in or around any building. Page 1 of2 I I 10. No exposed storage is permitted. 11. Lessor will do reasonable extermination as needed. Lessee grants Lessor and/or its agents or assignees unrestricted access to administer such pest control. 12. Lessee is fully responsible for the day to day upkeep oftheir leased space. PLEASE KEEP A COpy OF THIS DOCUMENT POSTED IN YOUR LEASED PREMISES. Page 2 of2 Jasmine Non-Dwelling Rules of Occupancy 6198